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Chuck Lichtman's practice focuses on complex commercial litigation and trial practice, particularly in "bet the farm" and emergency matters where his experience, insight, diligence and ability to form and lead a team have been demonstrated throughout his career. He has significant experience in large fraud, corporate shareholder and finance cases of all types. His value is bolstered by his demonstrated ability to step into business crisis situations and manage the many, constantly changing complexities of these types of cases, to see the big and the small picture. 

Representative Experience

Representations involving fraud include:

  • Representation as Lead Litigation Counsel for the court appointed Bankruptcy Trustee in connection with all matters related to the largest Ponzi scheme in Florida history, In re: Rothstein Rosenfeldt & Adler, P.A. ("RRA") involving $1.4 billion in fraudulent transactions. The matter involves winding down the operations of RRA, formerly a prominent 70 lawyer law firm in Fort Lauderdale, marshaling its assets, and investigating and bringing a very large number of lawsuits, with the goal of recovering as much money as possible for victim investors and creditors. Chuck's duties include first-chairing and overseeing all litigation, investigations and forensic examinations, including tracing of money through over 30 accounts and serving as the liaison with The Florida Bar on RRA attorney disciplinary matters and the Department of Justice on issues related to its criminal investigations. Chuck’s efforts have included filing dozens of lawsuits on a broad mix of civil claims, including the "clawback" actions, which had resulted in many material settlements on pending cases or the pre-suit resolution of others. Chuck also oversees the massive electronic discovery process, in terms of extracting and organizing data from numerous RRA computer servers containing millions of e-mails and documents, while formulating an efficient process to assure all estate litigants and other third parties who subpoena the estate in spin off cases obtain requested discovery, while simultaneously dealing with the related constant and extensive attorney-client privilege issues.
  • The largest creditor and then as court-approved, Special Litigation Counsel to a bankruptcy trustee of a national insurance company, pursuing fraudulent conveyances against the company’s principal.  The judge called the case one of the largest bankruptcy frauds in South Florida history.  In recovering 100% of his client’s multi-million dollar loss, Chuck first uncovered, then put together and successfully tried the civil case reported in a 47 page opinion.  The adversary proceeding presentation was then mirrored by the U.S. Attorney who successfully prosecuted the debtor sending him to prison for seven years. 
  • Equity holders defrauded out of their investment in an $80 million transaction stated by the Miami Herald as the largest land sale transaction in Dade County history, related to Miami Beach’s three famed high-rise Seacoast Towers.  Chuck brought a myriad of claims in Florida state and U.S. Bankruptcy Court against numerous co-conspirators and other parties including professionals.  At the beginning of the case he utilized pre-judgment remedies freezing and seizing the assets of two of the fraud’s leading perpetrators.  He then helped trace assets around the globe, bringing recovery actions in Monaco, Italy, the Caribbean and South America.
  • The largest group of investor creditors in a $500 million securities fraud/Ponzi scheme,  working with other firms and helping to collect about 80% of the loss.
  • A group of Japanese investors in the largest viatical fraud case in Florida.  Within six months of taking the case, Chuck recovered all of his client’s $13 million investment, successfully arguing to the Court that his client’s funds, then in the custody of an SEC Receiver, belonged to his clients. 
  • An equipment lease company against a vendor and about thirty lessees, all charged with fraud. Chuck prevailed at trial, with the federal judge writing a 21 page opinion, which now serves as the leading case in Florida upholding an equipment leases’ “hell or high water clause.” Ultimately, Chuck recovered 100% of his client’s loss.
  • Within months of each other, in two separate lawsuits where he was representing a plaintiff defrauded by the officers of unrelated public companies, he recovered nearly all remaining officer and director insurance policy proceeds.  Before that, numerous other plaintiffs had sued these public companies and all of them lost their cases either through the motion process or at trial.
  • Representing an equipment lessor who suffered a significant multi-million loss in three related lawsuits in Michigan against about 300 lessees and guarantors who knowingly entered into leases, misrepresenting facts related to the equipment and tied to the Certificate of Acceptance.  The vendor in California who orchestrated the fraud is now in federal prison.
    Representing the investors bilked out of millions by a former engineer of the Canadian Space Authority and a storefront, fictitious bank located in Grenada.  Chuck instituted legal proceedings against parties from all over the world, and won an appeal in the case establishing that the foreign defendants were subject to the Florida court’s personal jurisdiction.   He also traced assets and money through the Caribbean, Canada and Turkey.  The case was featured on Canada’s equivalent of 60 Minutes.  The principal perpetrator of the fraud was convicted in U.S. federal criminal proceedings, and sentenced to 20 years.
  • The Bank of New England, who lost $6.2 million (in 1985) resulting from a fraudulent accounts receivables scheme.  Prior to trial, the Bank’s directors authorized a $20 million settlement payment to the defendants on their “failure to fund” and usury lender liability counterclaim.  Chuck prevailed upon the Bank’s Chairman to let him try the case instead of making the settlement payment.  Following a three week federal bench trial, the judge entered a 53 page opinion finding for the bank on all grounds.  A significant amount of the bank’s loss was collected through aggressive fraudulent conveyance based post-judgment proceedings. 
  • The secured lender in bankruptcy court against a chain of movie theatres, which were used as conduits to launder money by its principals, leaders of the largest Mexican heroin cartel.  During the case, Chuck was told by one of these men in a courtroom hallway he “was going to end up in the trunk of a car if he didn’t back off.” Ultimately, after two years of work, the client was made nearly whole on its potential significant exposure.  Chuck’s investigation during the case uncovered and documented a payoff scheme with City of Chicago officials related to the purchase of certain property.  Shortly afterwards, the drug cartel members disappeared, presumably leaving the country.
  • An individual named by Interpol on its “International Top Ten List of Con Men,” successfully defending him at a lengthy trial in Geneva, Switzerland on criminal charges of bank fraud.

Representative experience in matters related to finance and lending arrangements including:

  • Significant experience in equipment leasing and secured financing, banking, workouts and creditor’s rights including bankruptcy.
  • In representing various financial institutions, Chuck has successfully defended numerous lender liability cases, including four alone where damages sought  exceeded $90,000,000, winning two at trial, one by summary judgment and one by motion to dismiss.

Other significant experience in handling a variety of large and complex matters involving other facets of business including:

  • Representing a significant shareholder and investor in an internationally known cruise line in a hostile dispute with management, ultimately forcing the company to buy him out at a premium.
  • Serving on a team that successfully defended three of the nations' most-well known retailers in a patent infringement action where, if lost, damages were estimated at between $1 billion to $10 billion.
  • Successfully twice defending a $100 million tort claim in Federal Court by Abbott Labs against a client, alleging the illegal pirating of the cancer drug, Lupron.
  • Representing Florida’s U.S. Senator Bill Nelson in a Freedom of Information Act claim against  FEMA, arising out of insurance issues and fraud arising out of Hurricane Katrina.
  • Settling an attorney malpractice action brought against prominent patent lawyers for full policy limits related to their negligent advice in issuing a Validity Opinion which caused the client to be sued in a myriad of patent related actions, nearly putting it out of business.
  • Obtaining injunctions in three states preventing trademark infringement of a nationally known mattress brand, collecting significant damages and putting the infringer out of business.
  • Retained as an expert witness on the issue of reasonable attorneys fees opposing a claim by an attorney and his client for an approximate $1 billion fee and sanction, resulting from violation of a trial order, in what is believed to be the largest such request in Florida’s history.
  • Representing a majority shareholder of a national pet vaccination business in litigation against the estate of his equal shareholder, ultimately gaining control of the company through a highly advantageous tax driven structured settlement, which saved the client a significant sum of money compared to the buy out formula contemplated by the parties Stockholder’s Agreement.
  • Guiding a national insecticide company through a myriad of hostile disputes with its equal shareholder, while keeping the matter out of court, ultimately resulting in the client acquiring the other 50% interest on highly favorable terms.
  • Successfully representing the son and his father’s estate in a hotly contested and complex bidding process to purchase two locally well-known banquet halls, following the father’s tragic murder by his business partner.
  • Successfully representing a national pharmaceutical manufacturer on claims of breach of contract in a supply distribution agreement, ultimately resulting in a favorable settlement.
  • Selection by the securities firm, Drexel Burnham Lambert, to serve as its counsel on Florida securities litigation.
  • Successfully defending a local bank through trial in an eviction for non-monetary defaults, in a case two trial judges said was the most complex eviction case either had ever seen, and which had been described by lawyers familiar with the case, as impossible to win. 

Professional & Community Involvement

Civic Involvement

Chuck devotes a significant pro bono effort on matters related to election law and voter protection issues.  He served as co-lead counsel for the Democratic Party in the 2000 Presidential election recount and litigation matters, pending in Broward County, Florida.  He then served as Special Lead Counsel for the John Kerry Campaign in Florida in the 2004 Presidential Election.  In this effort he formulated the voter protection effort which recruited 3200 lawyers in Florida alone, and served as the template used by the Democratic National Committee for similar efforts in the other battleground states. Following that election, he founded the National Democratic Lawyer’s Counsel, establishing chapters acrossthe country committed to protecting every citizen’s right to vote.  This organization was ultimately merged into the DNC. In the 2008 election, he served as Statewide Lead Counsel for the Florida Democratic Party, overseeing the technical aspects of the election in all of Florida’s 67 counties and a voter protection program which placed over 5800 lawyers in the polls throughout Florida on election day.

Professional/Legal Involvement

  • Chairman of the American Bar Association Lease Financings and Secured Transactions  Subcommittee
  • Equipment Lease and Finance Association of America, he served:
    • Chairman of  its Legislative and Regulatory Subcommittee;
    • On the ELFA’s Governmental Affairs Council where for three years he helped plan Capitol Hill Day, a nationwide grass roots lobbying effort by finance industry leaders in Washington, and
    • On both its Legal Committee and Service Provider’s Committee. 
  • Former President of the Florida Association of Equipment Lessors where he spearheaded the equipment lease industry’s efforts to favorably cause the Florida Department of Revenue to modify their assessment of documentary tax stamps on lease transactions
  • Chuck currently serves by appointment from Senator Bill Nelson as a member of Florida’s Federal Judicial Nominations Commission, which interviews and make recommendations to the President the nominees for Southern District of Florida positions of U.S. District Judge, U.S. Attorney and U.S. Marshall

Awards & Recognition

  • Finalist for Most Effective Lawyer Award in Bankruptcy, Daily Business Review, 2011
  • The Best Lawyers in America®
  • South Florida Business Journal's "Key Partner," 2010
  • Florida Trend Magazine's "Legal Elite"
  • Florida Super Lawyers (2007-2011)
  • South Florida Legal Guide "Top Lawyers"
  • AV Rated by Martindale Hubbell 

Articles & Presentations

Articles

  • "Board of Contributors: The Practicality of Handling Fraud Cases," Daily Business Review, March 2011
  • "The Practicalities of Handling a Fraud Case," Financial Fraud Law Report, June 2009
  • "A Primer on Fraud and the Florida Homestead"  LJN Equipment Leasing Newsletter, December 2002
  • "Lessors Score Fraud Victory In Florida," Equipment Leasing Today, August 2000
  • "The Last Inauguration" Life Books, May 1999
  • Legislative & Regulatory Subcommittee - Planned ELA – Capitol Hill Day

Presentations

  • "Best Practices in Working with Forensic Accountants, Fraud Investigators and IT Specialists," Joint Association of Certified Fraud Examiner and Institute of Internal Auditors' 2012 Fraud Conference, March 2012
  • “Blue Sky Laws – Critical Litigation Issues.”  The American Bar Association’s National Securities Fraud Institute, November 2011
  • Keynote Speaker, "Corporate Investigations," Joint Association of Certified Fraud Examiner and Institute of Internal Auditors 2011 Fraud Conference, March 2011
  • "Show me the Money: Indemnification of Attorneys' Fees and D&O Coverage Issues," The American Bar Association’s National Securities Fraud Institute, October 2010
  • Complex litigation and class action issues – ELA, May 2005
  • Complex litigation issues and critical developments to the finance industry – ELA, May 2004
  • Securities Law Issues Affecting the Finance Industry, May 2003
  • How to Put Together a Complex Fraud Case, May 2002
  • The Finance Industry and Fraud, April 2001
  • Electronic Commerce – Legal Issues, April 1999
  • Lessor Liability Under CIRCAA and Environmental Statutes – ELA, April 1998
  • The Florida Documentary Stamp Tax, February 1998
  • Risk Allocation, May 1997
  • The Impact of the Bankruptcy Reform Act of 1994 on the Equipment Lease Industry – ELA, April 1997
  • Due Diligence and Fraud Avoidance - FAEL, November 1996              
  • Waiving the Automatic Stay in Bankruptcy - ELA, May 1995
  • The Enforcement of Equipment Leases - ELA, April 1993